Terms and conditions
1.1. GoStudent GmbH, with its headquarters in Vienna, registered in the commercial register of the Commercial Court of Vienna under FN 447118 b (hereinafter “GoStudent”), provides an online platform for tutoring services (hereinafter the “Platform”) under the domains gostudent.at, gostudent.de, gostudent.ch and gostudent.org as well as in an app.
1.2. These T&Cs shall apply to all persons registered on the Platform as tutors (hereinafter referred to as “Tutor”). They regulate the rights and obligations of Tutors when visiting the Platform and when using the functions and services offered on it. Unless the registration process is successfully completed, the person cannot offer the tutoring service via the Platform.
1.3. These T&Cs shall apply exclusively to the use of the Platform as a Tutor. Any deviating, contradictory or supplementary terms or conditions shall not form part of these T&Csbetween the Tutor and GoStudent, even if they have not been expressly contradicted. Deviating, contradictory or supplementary terms or conditions shall only be valid if GoStudent has agreed to them in writing. 1.4. To the fullest extent permitted by applicable laws, GoStudent may change the provisions of these T&Cs at any time without stating the reasons. Such changes shall be posted on the Platform. If the Tutor continues to use the Platform after becoming aware of the amended T&Cs, the amendments are deemed to be accepted.
SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION
2.1. Tutors and persons registered as Users (hereinafter referred to as “User”) can arrange online video lessons (hereinafter referred to as “video lessons”) via the Platform.
2.2. If a Tutor and a User agree on video lessons, the contract for video lessons is concluded directly between the Tutor and the User (hereinafter the “Tutor Contract”). The Tutor receives a confirmation from GoStudent about the conclusion of the Tutor Contract.
2.3. GoStudent operates the Platform and arranges Tutor Contracts on behalf of Tutors for Users of the Platform. In addition, GoStudent offers certain services in connection with the onboarding of Users. However, GoStudent itself does not become a party to the Tutor Contracts concluded between Users and Tutors.
2.4. GoStudent may also provide other services via the Platform (e.g. a homework chat or a free trial lesson to test video lessons) where Tutors can earn a bonus under certain conditions. However, GoStudent is not obliged to make such offers available or to offer a bonus for them.
REGISTRATION, CONSENT OF THE LEGAL REPRESENTATIVE
3.1. Use of the Platform requires a corresponding registration. In the course of registering for the Platform, the Tutor agrees to the validity of these T&Cs. Use of the Platform as a Tutor or User is reserved for registered persons. Registration is free of charge.
3.2. In the course of registration, the Tutor must provide all information completely and truthfully and update it immediately in the event of any changes.
3.3. There is no right to registration on the Platform. GoStudent reserves the right to refuse to register a person as a Tutor without stating the reasons or to exclude already registered Tutors from using the Platform without giving reasons. For the settlement and payout of the credit balance acquired by the Tutor on the Platform, the Tutor shall provide GoStudent with a bank account at a credit institution within the SEPA area or other area designated by GoStudent; this must be done in any case within 7 days of GoStudent’s written request (also by email).
3.4. Registration on the Platform is possible regardless of age. However, in order to use chargeable services (video lessons) via the Platform, Users must be at least 14 years old and Tutors at least 18 years old. If a User or Tutor has not yet reached the legal age of majority in their jurisdiction of residence, the prior consent of the person’s legal representative is required.
3.5. GoStudent will provide the Tutor with access to the Platform by transmitting access data to the mobile phone number provided by the Tutor and create a personal user account. In this regard, the Tutor is obliged to provide GoStudent ([email protected]) with an email address to which documents can be sent to the Tutor. If this email address changes, the Tutor must notify GoStudent immediately by providing the new email address.
APPOINTMENT OF GOSTUDENT AS MEDIATOR
4.1. The Tutor hereby instructs GoStudent to present the subject knowledge they offer on the Platform and to provide them with opportunities to conclude Tutor Contracts via the Platform. However, GoStudent cannot guarantee that Tutor Contracts are actually arranged.
4.2. GoStudent is entitled to accept payments in the name and on account of Tutors.
RIGHTS AND OBLIGATIONS OF TUTORS
5.1. Tutors can register on the Platform to offer video lessons. During registration, Tutors indicate in which subject areas (e.g. school subjects) they would like to offer video lessons. If requests for video lessons in a relevant subject area are received from Users via the Platform, GoStudent may notify a Tutor; however, there is no obligation to do so. On the other hand, there is no obligation for the Tutor to respond to requests for video lessons.
5.2. There is no employment or freelance service relationship between a Tutor and GoStudent. Tutors are not subject to instructions from GoStudent and act independently when holding video lessons. They are also not authorised to represent GoStudent in legal transactions.
5.3. Tutor Contracts are concluded between a Tutor and a User, taking into account the relevant provisions of these T&Cs.
5.4. Users can conclude a Tutor Contract with a Tutor by purchasing credits for video lessons via the Platform. Credits for video lessons can be purchased in the form of hourly packages. Credit for hours that are still open can also be waived if the entire package is not used up within a certain period of time. Furthermore, the Tutor Contract may be extended automatically after the agreed period of time if the User does not object to this in due time before the end of the term. The use of the Platform by Tutors requires the agreement of the tariffs for the lessons listed on the platform. The current prices for the lessons are published on the Platform; with the approval of the present terms and conditions, these tariffs are deemed to have been agreed between the Tutor and GoStudent. To the fullest extent permitted by applicable laws, GoStudent reserves the right to change the tariffs of the credits to be purchased (packages) and the commissions to be paid at any time. Such changes only apply to lessons / packages that are brokered after such a change.
5.5. The processing of the credit payment to the Tutor is administered by GoStudent. Unless otherwise agreed, after a video lesson has been held, the Tutor will be credited with the credit for that lesson to be paid out to their credit account (subject to clause 6.2).
5.6. The Tutor pays GoStudent a commission for each arranged Tutor Contract. The entire commission claim arises upon conclusion of the Tutor Contract. Payment of the commission to GoStudent (by way of retention/setoff) is done as follows: If the User pays the respectively acquired credit (package) in full upon conclusion of the Tutor Contract, the commission is also due in full immediately for payment to GoStudent; if the User pays the respective acquired credit (package) in installments, the commission is also due in partial amounts (pro rata) for payment to GoStudent (at the time of the respective payment by the User). GoStudent is entitled to withhold the commission amounts owed by the Tutor from the User’s payments (or their credit balance).
5.7. After holding a video lesson, GoStudent will deduct credits from the User’s account and credit the Tutor with the credits minus the commission. GoStudent may also deduct credits from a User’s account and transfer the credit less commission to the Tutor provided the User does not move or cancel a session in a timely manner or does not show up for it. The commission payable to GoStudent by the Tutor in this case may also differ from the commission payable when a video lesson is held.
5.8. If User credits expire because they are not used within the specified time period, GoStudent is entitled to the entire expired credit as a special commission.
5.9. The current commissions shall be announced on the Platform or otherwise made known to the Tutor.
5.10. If the User has a repayment claim with regard to acquired but not yet used credit from a Tutor Contract, the (proportional) commission is also cancelled accordingly (retroactively) with the repayment. In this case, the Tutor will be issued with corresponding credit notes for the commissions already invoiced.
5.11. If a Tutor has concluded a Tutor Contract with a User, they are obliged to fulfil such a contract, paying particular attention to the timely holding of the video lesson. Termination of a Tutor Contract is only possible on the basis of a mandatory legal right of revocation or with the User’s consent. Due to the negative effects on the Platform, penalty payments by the Tutor to GoStudent may also be incurred due to the Tutor’s violation of the obligations arising from the Tutor Contract.
5.12. The Tutor undertakes to observe the legal provisions applicable to the fulfilment of the Tutor Contract in each case and in particular to ensure that when posting content on the Platform, they have the corresponding rights of use and that the provision of content does not violate legal regulations, moral standards and/or the rights of third parties (such as copyright, personal rights and trademark rights).
5.13. The Tutor explicitly acknowledges and agrees that any form of re-use of other Tutors’ teaching content, materials and answers (e.g. in homework chat) is prohibited.
5.14. The Tutor undertakes to keep the access data provided by GoStudent confidential. The Tutor is responsible for all activities that originate from their user account.
5.15. The Tutor undertakes to notify GoStudent immediately if there is any suspicion of unauthorised use of their user account. If there is suspicion of unauthorised use of a user account or if a Tutor violates applicable legal regulations or these T&Cs, GoStudent reserves the right to block the user account and subsequently delete it.
6.1. After a Tutor has successfully registered on the Platform, a credit account (a “credit account”) is set up for them, to which the credits acquired by the Tutor through holding video lessons or providing additional services (bonuses) are credited. No interest is paid on the credit balance.
6.2. The Tutor can view the current balance of their credit balance in their user account. Payments to the Tutor shall be made once a month in the month following the month in which the Tutor requested the payment. This will be in the form of a cashless transfer to the Tutor’s most recently specified bank account.
6.3. If the contract between GoStudent and the Tutor is terminated, any credit balance that has not yet been paid out shall be due for payout to the Tutor at the end of the next calendar month.
6.4. Any taxes and duties connected with the payout of the credit balance (e.g. income tax, sales tax, VAT, social security contributions, to the extent applicable) must be declared and paid by the Tutor themselves. The Tutor undertakes to indemnify and hold GoStudent completely harmless in this regard.
6.5. GoStudent has merchant accounts with external payment service providers (e.g. Stripe, PayPal, Visa, MasterCard, Paysafecard, Adyen). The Tutor receives payments by bank transfer from a GoStudent merchant account via the respective payment service provider.
USE OF PLATFORM
7.1. GoStudent shall make the Platform available for use 24⁄7. However, there is no procedure that can guarantee that software is error-free based on the current state of technology. GoStudent therefore does not guarantee that the software on which the Platform is based is completely free of errors and that there will be no platform downtime. Furthermore, the Platform may be temporarily unavailable due to maintenance work. GoStudent will announce scheduled maintenance work on the Platform in a timely manner. However, GoStudent is not obliged to update the Platform.
7.2. The Platform and the underlying software are copyrighted and may not be used or modified beyond the agreed rights of use without prior written consent from GoStudent. Likewise, the design of the Platform and in particular the content placed on the Platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are copyrighted or are subject to other laws for the protection of intellectual property and, unless otherwise indicated, GoStudent is entitled to these.
7.3. GoStudent can make the platform interactive. This gives Users and Tutors the opportunity to review each other and write their own comments. GoStudent does not check whether the reviews are possibly unfounded or misleading. Tutors may only reproduce personal data with the express permission of the person concerned.
7.4. GoStudent reserves the right to delete reviews or other content in whole or in part, especially if they contain unlawful content, including racist, pornographic, obscene, insulting, vulgar, violent, belittling and immoral content; insulting, hurtful comments or threats against other Users, Tutors or third parties; content which impairs or endangers children or young people in their development or upbringing or which violates human dignity or other legally protected interests; content that could lead others to criminal or other immoral acts; copied content to which the Tutor has no rights or which was provided by other registered persons or that impersonates or attempts to impersonate GoStudent, a GoStudent employee, another Tutor, a User, or any other person or entity (including, without limitation, by using email addresses or profile or screen names associates with any of the foregoing); content that poses a security risks, such as viruses; sending unsolicited advertising emails, junk emails, other unsolicited messages, so-called email bombs etc. to other Users, Tutors or third parties or setting links to third-party pages for distribution purposes; content that could disable, overburden, damage or impair the Platform, such as attacking the Platform via a denial of service attack or a distributed denial of service attack, or interfere with any other party’s use of the Platform; and content that violates any applicable laws.
7.5. The Tutor grants GoStudent the free, non-exclusive, perpetual and unrestricted right to use, edit, copy and distribute reviews, photos, graphics, texts, audio messages and videos posted on the Platform for provision on the Platform and for advertising the Platform. 7.6. The use of tools for data analysis of the Platform content is not permitted.
7.7. GoStudent is entitled at any time to restrict or completely discontinue the services offered via the Platform without stating the reasons. Significant changes or restrictions to the services offered will be announced on the Platform in good time.
7.8. A restriction or discontinuation of the services offered by GoStudent does not change these T&Cs. GoStudent can only change the T&Cs in accordance with the procedure provided in Section 1.4.
WARRANTY, WITHDRAWAL FROM TUTOR CONTRACT
8.1. The relationship between the Tutor and GoStudent is governed by applicable statutory warranty provisions.
8.2. If a Tutor has not or only partially fulfilled a Tutor Contract (e.g. individual units) or has fulfilled it badly (e.g. non-appearance or late arrival of Tutor, lack of professional competence, inappropriate treatment of User), the User can make a justified complaint to [email protected] GoStudent can check the quality of a video lesson in such cases and try to mediate between the User and Tutor. The User and Tutor agree that GoStudent will have the final say on the existence and amount of any claim for a credit refund. If GoStudent considers the User’s complaint justified, the Tutor’s claim to the credit balance shall be cancelled. Any credit already allocated to the Tutor’s credit account for the unit shall be deducted in this case. If the Tutor does not have sufficient credit in their credit account at this time, GoStudent reserves the right to deduct any credit required later from the credit account or to demand the amount back in cash.
8.3. In case of serious violations of a Tutor or in case of non-fulfilment of the Tutor Contract, an attempt shall be made to find a replacement Tutor for the User at the User’s request. If a replacement Tutor is found, the Tutor Contract can be transferred to the replacement Tutor. The Tutor shall agree to such a transfer of the Tutor Contract. The replacement Tutor may subsequently acquire credit by holding video lessons in accordance with the conditions agreed with the original Tutor; they will also owe the commission payable to GoStudent for the Tutor Contract they have taken over (for the units provided). If no replacement Tutor can be found or if the User does not wish to have a replacement Tutor, they have the right to terminate the Tutor Contract without notice.
9.1 Some jurisdictions do not allow the limitation of liability in certain circumstances. A portion or all of the following limitations may therefore not apply to you
9.2. To the fullest extent permitted by applicable laws, neither GoStudent nor its employees, agents or third-party content providers shall be liable for any loss resulting from use or unavailability of information or content on or in connection with the Platform, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if GoStudent had been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of GoStudent, computer virus or other similar item, telecommunications errors, or unauthorized access to, or use of Tutor information through theft or any other means. GoStudent is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect the Platform. In no event will GoStudent or any of its directors, officers, agents, employees, assigns, or third party content providers be held liable for any tortious or illegal conduct of other Tutors or Users. In no event will GoStudent or any of its agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of Tutors or personal injury that arises in connection with use of the Platform.
9.3. To the fullest extent permitted by applicable laws, GoStudent shall assume no liability for the fulfilment of contractual or other obligations of Tutors towards Users. In particular, GoStudent is not liable for any damage incurred by the Tutor in connection with the performance of a Tutor Contract. These claims must be made directly to the respective User.
9.4. GoStudent shall not be liable for the content provided by Users or Tutors on the Platform or the content of third party websites to which GoStudent is linked. For illegal, incorrect or incomplete content and especially for damage resulting from the use or non-use of such information, the provider of the site to which GoStudent is linked is solely liable. The Tutor is therefore solely responsible for critically reviewing and evaluating the content of other Users and Tutors.
EXEMPTION FROM LIABILITY ON THE PART OF TUTOR
10.1. The Tutor undertakes to defend, indemnify and hold GoStudent, its licensors and service providers, and its and their respective directors, officers, employees, and agents completely harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Tutor Contracts or by other Tutors, the Tutor’s violation of these T&Cs or use of the Platform.
RIGHT OF REVOCATION FOR TUTORS
11.1. In the event that a Tutor has registered on the Platform as a consumer within the meaning of applicable consumer protection legislation , they are entitled to the following right of revocation from GoStudent.
11.2. The Tutor has the right to revoke the contract with GoStudent on the use of the Platform within 14 days of registration on the Platform without stating the reasons.
11.3. In order to exercise the right of revocation, the Tutor must notify GoStudent of the revocation with a clear statement (e.g. a letter or email sent to GoStudent by post). For this purpose, the Tutor can download, fill in and transmit the sample revocation form on the Platform under the following link or use another clear declaration. If the Tutor makes use of this option, GoStudent shall immediately send them confirmation of receipt of such a revocation.
11.4. In order to comply with the revocation period, it is sufficient for the Tutor to send notification of the exercise of the right of revocation before the end of the revocation period.
11.5. All declarations can be sent to the following contact details: GoStudent GmbH, Ernst-Melchior-Gasse 20, 1020 Vienna or by e-mail to [email protected]
12.1. The contractual relationship between GoStudent and the respective Tutor regarding the use of the Platform begins with the Tutor successfully registering on the Platform. Both the Tutor and GoStudent are entitled to terminate this contract at any time with immediate effect, in which case the registration as a Tutor must be deleted. However, GoStudent must still be able to process current Tutor Contracts in an orderly manner and Tutor remains liable for any obligations incurred in connection with the use of the Platform.
APPLICABLE LAW, PLACE OF JURISDICTION
13.1. Unless prohibited by applicable laws, these T&Cs and all further agreements with GoStudent are exclusively subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law. This choice of law only applies insofar as it does not deprive a Tutor of the protection afforded by the mandatory provisions of the law of the state in which they have their habitual residence.
13.2. Unless prohibited by applicable laws, the competent court in Vienna is responsible for all legal actions brought against GoStudent by a Tutor due to disputes arising from the contractual relationship. This does not affect the Tutor’s right to sue at any other legal place of jurisdiction. For all legal actions brought against a Tutor who has their residence, usual place of abode or place of employment in Austria for disputes arising from the contractual relationship, one of the courts in whose district the Tutor has their residence, usual place of abode or place of employment shall be competent. For Tutors who were not resident in Austria at the time of the contract was concluded, the statutory places of jurisdiction shall apply.
14.1. In case of contradictions between these T&Cs and deviating written agreements between a Tutor and GoStudent, the provisions of the deviating agreements shall take precedence over these T&Cs.
14.2. Should individual provisions of these T&Cs be or become invalid, this shall not affect the remaining content of the T&Cs. The invalid provision shall be replaced by a provision that is legally valid and comes closest to the User’s and GoStudent’s economic purpose.
14.3. A “third party” within the meaning of these T&Cs is any natural or legal person who is different from the person registered as a Tutor and from GoStudent, even if legal and/or economic relationships should exist with such a person.
14.4. Unless otherwise stipulated in these T&Cs, neither a Tutor nor GoStudent may transfer or assign the provisions and rights from these T&Cs to third parties without the written consent of the other party.
14.5. The parties hereto have expressly requested that these T&Cs and any documents related thereto be drafted in English. Les parties aux présentes ont expressément requis que la présente convention et tous les documents y afférant soient rédigés en langue anglaise.